Judge DY Chandrachud of the Supreme Court has stated that the decriminalisation of Section 377 of the Indian Penal Code by the apex court has given rise to queer people as legally empowered citizens. He went on to say that whilst the judgment has enabled them to demand their rights, rightfully and proudly, there is still a need for structural changes to guarantee positive legal outcomes for marginalized queer people, who still suffer from intersecting forms of oppression.
Justice Chandrachud spoke at IIT-Delhi on Tuesday about how “certain groups of queer people, due to their caste and class positions, are more susceptible and vulnerable to the abuse of the law – both in terms of symbolic and material harm”. He went on to say that this issue needs to be addressed in higher education.
Today is a special day as we celebrate the 4th anniversary of the Supreme Court’s judgement in Navtej Singh Johar. The decriminalisation of Section 377 has enabled queer people to emerge as legally empowered citizens and demand their rights, but there are still structural changes needed to ensure that all queer people can benefit from these positive legal effects. We must continue to fight for the rights of all queer people, especially those who are marginalized and face intersecting oppressions.
Justice Chandrachud recalled that one of the connected petitions named Anwesh Pokkuluri versus Union of India, comprised of a spirited chorus of about 20 students and alumni from various IITs across the country, including IIT-Delhi, representing ‘Pravritti’, a support group for LGBT members of the IIT fraternity. He said that the petitioners have made an extraordinary contribution to the spread of awareness about gender and sexuality issues within the IIT community.
“The youngest petitioner before the Court was a mere 19-year-old student of IIT-Delhi. By taking a stand and speaking up before the Court in the Section 377 litigation, not only did students and alumni of IITs help contribute to building a modern, contemporary India, but they also helped to bring the country closer to her constitutional values”, he said.